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Q&A : NRI Guy planning for Divorce

I am an NRI living in US for more than 10 years. My wife
went back to India and filed false dowry and DV cases. I wanted some advice on
the same. Can I ask you some questions on email or on the phone? I have a few directed questions and will not
take too much time.

I have consulted a few lawyers in US and India and my
intention is not to save a few dollars by asking you questions an attorney can
answer.

Rather I want to benefit from your experience.

He went on to add:

Me and my wife stayed in USA for 2 years and then she went
back to India and filed false 498a, dowry cases against me and family in India.

I am still in the US. She is planning to come back to US and
file for no fault/irreconcilable differences divorce in US. I know that if I don’t
submit myself to USA divorce proceedings, then it will be ex party and USA ex
party divorce is not valid in India. But I will have to submit myself to US
divorce proceedings, as I will lose more money in ex party divorce in US.

How can I challenge the validity of this no-fault USA
divorce (to which I submitted) in India? Is no fault US divorce = mutual
consent divorce in India, since I submitted in US? Is there any way I can demonstrate to India Judiciary that "I
did submit myself to the divorce proceedings in US, but I did not consent to
the divorce?".

I want my wife to take back the false cases in India before
I give her divorce. She is asking for lot of money from my family in India.

Our editor’s advice follows :

Dear NRI Guy

I can see from this note that there is a lot of emotion and
bitterness about the divorce. It also sounds like both you and your wife are
not willing to continue in this marriage and the best way out is a peaceful separation.

I am assuming you still reside in the US, in which case, you
and your wife can file for divorce in the state where you are resident. It is
best that you proceed with the divorce. If possible, negotiate with your wife
on dropping the “false 498a, dowry cases” against you. Even if she doesn’t agree
to the latter condition, try to complete the divorce proceeding in the state
where you live.

I will not comment on the legality of “ex party divorce is
not valid in India.” However, after the divorce decree is granted to you and
your wife in the US, you can go your own way.

As regards “false 498a, dowry cases” even if she hasn’t
agreed to cancel the case, as a divorcee, she will have a hard time pursuing
it.

I don’t understand why you say “I did submit myself to the
divorce proceedings in US, but I did not consent to the divorce?".Divorce means getting out of that marriage.
Period. Why are you hung up on your consent?

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